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* IN THE HIGH CQURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3860/2012
GANGA RAM & ORS. Petitioners
Tlirough: Mr. ,D.S. Patial, Advocate
+ CRL.M.C. 3860/2012
GANGA RAM & ORS. Petitioners
Tlirough: Mr. ,D.S. Patial, Advocate
VERSUS
STATE NCT OF DELHI &ANR. Respondents
Through: Mr. Sunil Sharma, Additional
Public Prosecutor for respondent
No. 1-State
Mr. T.R. Kashyap, Advocate for respondent No.2
CRL.M.C. 3885/2012
RAJESH & ORS. Petitioners
Through: Mr. T.R. Kashyap, Advocate
Through: Mr. Sunil Sharma, Additional
Public Prosecutor for respondent
No. 1-State
Mr. T.R. Kashyap, Advocate for respondent No.2
CRL.M.C. 3885/2012
RAJESH & ORS. Petitioners
Through: Mr. T.R. Kashyap, Advocate
VERSUS
STATE & ANR. Respondents
Through: Mr. Sunil Sharma, Additional
Public Prosecutor for respondent
No. 1-State
Mr. D.S. Patial, Advocate for respondent No.2
Through: Mr. Sunil Sharma, Additional
Public Prosecutor for respondent
No. 1-State
Mr. D.S. Patial, Advocate for respondent No.2
CORAM;
HON'BLE MR. JUSTICE SUNIL GAUR
CrI. M.C. No.3860/2012 Page 1
Crl M.C. No.3885/2012
2013:DHC:7768
% 15.03.2013
In the first above captioned writ petition, quashing of FIR NO. 69/2007, under Sections 323/325/341/147/149 of the IPC, registered at
Police Station Najafgarh, Delhi is sought by petitioners. In the second captioned .writ petition, quashing of FIR No. 70/2007, under Sections
323/ 341/147/149 of the IPC, registered at Police Station Najafgarh Delhi is sought by petitioner. Infact, the subject matter of both the FIRs in question pertains to a quarrel which took place between the parties.
Counsel representing contesting parties in these petitions submit that trial in these two FIRs has not yet begun and that inter se dispute between the parties has been mutually and amicably resolved in terms of
Compromise/ Settlement Deed of 15^ May, 2012 and the misunderstanding has now been cleared.
The accused and complainant party, present in the Court, affirm the contents of these petitions and their affidavits on record giving 'no objection'to the quashing ofFIRs in question.
In 'Gian Singh Vs. State of Punjab' (2012) 15 SCC 303 Apex
Court has recognized the need of amicable resolution of disputes in cases like the instant one, by observing as under:-
"Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of
CrI. M.C. No.3860/2012 Page 2
Crl M.C. No.3885/2012 u the society or wouldpromote savagery. "
"Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends ofjustice being the ultimate guidingfactor."
Considering that the subject matter of dispute of aforesaid FIRs has been settled between the parties, no fruitful purpose would be served in continuing with the proceedings arising out ofthe FIRs in question.
Consequently, FIR No. 69/2007, under Sections 323/325/
341/147/149 of the IPC, and FIR No. 70/2007, under Sections
323/0341/147/149 of the IPC, both registered at Police Station Najafgarh, Delhi and proceedings emanating therefrom are quashed qua the parties herein.
The afore-captioned two petitions are disposed of accordinglXi___
(SUNIL GAUR)
JUDGE
MARCH 15, 2013 rs
CrlM.C. No.3860/2012 Page 3
Crl. M.C. No.3885/2012
CrI. M.C. No.3860/2012 Page 1
Crl M.C. No.3885/2012
2013:DHC:7768
% 15.03.2013
In the first above captioned writ petition, quashing of FIR NO. 69/2007, under Sections 323/325/341/147/149 of the IPC, registered at
Police Station Najafgarh, Delhi is sought by petitioners. In the second captioned .writ petition, quashing of FIR No. 70/2007, under Sections
323/ 341/147/149 of the IPC, registered at Police Station Najafgarh Delhi is sought by petitioner. Infact, the subject matter of both the FIRs in question pertains to a quarrel which took place between the parties.
Counsel representing contesting parties in these petitions submit that trial in these two FIRs has not yet begun and that inter se dispute between the parties has been mutually and amicably resolved in terms of
Compromise/ Settlement Deed of 15^ May, 2012 and the misunderstanding has now been cleared.
The accused and complainant party, present in the Court, affirm the contents of these petitions and their affidavits on record giving 'no objection'to the quashing ofFIRs in question.
In 'Gian Singh Vs. State of Punjab' (2012) 15 SCC 303 Apex
Court has recognized the need of amicable resolution of disputes in cases like the instant one, by observing as under:-
"Resolution of a dispute by way of a compromise between two warring groups, therefore, should attract the immediate and prompt attention of a court which should endeavour to give full effect to the same unless such compromise is abhorrent to lawful composition of
CrI. M.C. No.3860/2012 Page 2
Crl M.C. No.3885/2012 u the society or wouldpromote savagery. "
"Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends ofjustice being the ultimate guidingfactor."
Considering that the subject matter of dispute of aforesaid FIRs has been settled between the parties, no fruitful purpose would be served in continuing with the proceedings arising out ofthe FIRs in question.
Consequently, FIR No. 69/2007, under Sections 323/325/
341/147/149 of the IPC, and FIR No. 70/2007, under Sections
323/0341/147/149 of the IPC, both registered at Police Station Najafgarh, Delhi and proceedings emanating therefrom are quashed qua the parties herein.
The afore-captioned two petitions are disposed of accordinglXi___
(SUNIL GAUR)
JUDGE
MARCH 15, 2013 rs
CrlM.C. No.3860/2012 Page 3
Crl. M.C. No.3885/2012
JUDGMENT